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    RDH106's Avatar
    RDH106 Posts: 3, Reputation: 1
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    #1

    Nov 13, 2007, 09:42 AM
    Can I sue after signing a release if?
    I settled for personal injury from a car accident. They put in the wording of the release that this settlement was for personal injury and property. I see my choices as going back to negotiating the personal injury and property together or filing suit. The problem is the personal injury settlement is $30K the property is $1K. It may sound greedy to also want the $1K but the negotiations were separate from the start.
    What I want to do is settle cash the $30K and sue in small claims. I want to void the release based on their tatics. Holding the $30K hostage for the $1K of property damage.

    Can I do that? Will it be thrown out? Can they sue to get their $30K back?
    michealb's Avatar
    michealb Posts: 484, Reputation: 129
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    #2

    Nov 13, 2007, 09:59 AM
    From the sounds of it you have 30k and trying to go to court to get 31k would be a waste of time and money. If you signed a release it is up to you to read it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 13, 2007, 10:06 AM
    Hello RD:

    I suggest that you forwent any future claim when you signed the release. I actually think it means what it says.

    I don't think you're greedy. I think you're shortsighted.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Nov 14, 2007, 04:00 PM
    Quote Originally Posted by RDH106
    I settled for personal injury from a car accident. They put in the wording of the release that this settlement was for personal injury and property. I see my choices as going back to negotiating the personal injury and property together or filing suit. The problem is the personal injury settlement is $30K the property is $1K. It may sound greedy to also want the $1K but the negotiations were separate from the start.
    What I want to do is settle cash the $30K and sue in small claims. I want to void the release based on their tatics. Holding the $30K hostage for the $1K of property damage.

    Can I do that? Will it be thrown out? Can they sue to get their $30K back?

    You signed a release - it's over. No, you cannot go back and negotiate. Likewise, the insurance company can't think it over, decide you came out ahead, sue you for the return of the money or attempt to re-negotiate.

    And if the wording was as simple as you state I see no grounds for accusing them of "trickery."

    Unfortunately a common tactic of insurance companies is to wave the check in front of your eyes - you would be amazed how quickly people sign and settle instead of thinking it over or asking an Attorney.

    Did you negotiate this settlement without an Attorney?
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